Dividend entitlement

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The dividend entitlement is the right of the shareholder to receive the dividend in return for the provision of capital by the shareholder who participates in the profits of the company.

In principle, "the shareholders [...] are entitled to the balance sheet profit" with the restrictions of Section 58 of the German Stock Corporation Act. According to this, the general meeting can adopt a resolution, among other things, to transfer up to 50% of the net profit to the revenue reserves, to decide on a profit carryforward and to exclude the distribution to the shareholders by means of a resolution on the appropriation of profits.

The balance sheet profit of a stock corporation is distributed to the shareholders in the form of dividends by resolution of the general meeting , whereby Section 174 (2) No. 2 of the Stock Corporation Act expressly speaks of “amount to be distributed or material value” instead of “dividends”. The dividend right is not transferable.

"The entitlement [to payment of the dividend] is due on the third business day following the resolution of the general meeting."

literature

  • Hahn / Reif, Increasing the attendance at the Annual General Meeting through a dividend bonus, Der Gesellschafter (GesRZ) 2007, pp. 44–47.

Individual evidence

  1. See section 58 (4) sentence 1 of the German Stock Corporation Act (Act amending the German Stock Corporation Act (Aktienrechtsnovelle 2016) of December 22, 2015, entered into force on January 1, 2017)
  2. See Section 58 Paragraph 3f. Stock Corporation Act (Law amending the Stock Corporation Act (Stock Corporation Amendment 2016) of December 22, 2015, entered into force on January 1, 2017).
  3. Section 58, Paragraph 4, Sentence 2 of the German Stock Corporation Act (Act amending the German Stock Corporation Act (Aktrechtsnovelle 2016) of December 22, 2015, entered into force on January 1, 2017)